Radiculopathy & sciatica decisions — 2011

The Board denied the appellant's claim for a temporary total disability evaluation due to his service-connected lower back disability, as he did not undergo surgery or immobilization.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's right hip pain, including whether it is related to his service-connected low back disability or if it constitutes a separate disability. The case will be remanded for further action.

The Veteran's claim for additional vocational rehabilitation and education benefits under Chapter 31 was denied due to his felony conviction involving domestic violence, which prevented him from achieving his goal of becoming a social worker.

The Veteran is unemployable due to service-connected disabilities, and the Board has determined that a total disability rating based on individual unemployability (TDIU) should be granted.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and providing the Veteran with VA examinations to determine the etiology of his claimed conditions.

The Veteran's unauthorized medical expenses for hospitalization and treatment at Oak Hill Hospital were approved as the services were rendered to treat a service-connected disability in an emergency situation.

The Board has remanded the Veteran's claims for cardiovascular disease, lumbar radiculopathy of the left lower extremity, and TDIU due to incomplete development and need for additional medical opinions.

The Veteran's claims for increased ratings for low back strain with degenerative disc disease and radiculopathy of the lower extremities were denied as his conditions did not meet the criteria for higher ratings.

The Veteran's claims for increased evaluations of his service-connected low back disability and right lower radiculopathy were denied. The claim for left lower radiculopathy was granted with a separate compensable evaluation.

The Veteran's lumbar spine degenerative disc disease and right lower extremity radiculopathy have been granted service connection, but the ratings assigned are at the minimum levels allowed by law.

The Board denied service connection for lumbar degenerative disc disease with radiculopathy, finding that the Veteran's current condition is not related to his military service.,For the period prior to December 3, 2009, the Veteran was awarded a 50 percent rating for PTSD. The Board found no evidence of total occupational and social impairment.

The Veteran's appeal is being remanded for a videoconference hearing at the New York, New York RO due to his request.

The Veteran's service-connected cervical spine disorder and bilateral upper extremity radiculopathy are currently rated at 40 percent, which is the maximum schedular rating available. The Board finds that her symptoms do not warrant a higher evaluation.

The Board found no evidence to support a direct service connection for the Veteran's low back disability and bilateral foot disorders, concluding that they are not related to his military service or any service-connected conditions.

The Board has granted the appeal with regard to whether the apportionment of the initial rating for the service-connected lumbar spine disability due to post-service injury is proper. The issue of entitlement to a TDIU prior to October 23, 2006 remains before the Board.

The Veteran's low back disability, characterized by limited forward flexion of the thoracolumbar spine to 30 degrees or less, has been granted a 40 percent rating since September 7, 2004.

The Board has remanded the case for further development and consideration, including obtaining investigative reports from the VA Office of Inspector General (OIG) related to the Veteran's TDIU claim. The issues include the propriety of severing entitlement to a total disability rating based on individual unemployability, as well as effective date determinations for increased ratings for right leg radiculopathy and depression.

The Veteran's claims for service connection for degenerative joint disease of the lumbar spine and sciatica of the right leg are being remanded due to inadequate VA examination opinions. The issues will be readjudicated after obtaining a new opinion on the etiology of his low back disability.

The Veteran's service-connected psoriatic arthritis and psoriasis have been granted with appropriate evaluations, but the issues of service connection for degenerative disc disease of the lumbar spine, left lower extremity radiculopathy, and right leg and foot condition remain pending.

The Veteran's claim for increased ratings for his service-connected lumbar spine disability, bilateral hearing loss, and radiculopathy of the lower extremities have been granted. The Veteran receives a noncompensable rating for his bilateral hearing loss, a 20 percent rating for his lumbar spine disability, and separate 10 percent ratings for his left and right lower extremity radiculopathies.